Does everyone remember the story of Oakland County resident Leon Walker, who found himself in a legal pickle after being arrested and charged for reading his wife’s email? Well, he could be off the hook thanks to a proposed amendment to the law he’s accused of breaking.
He was charged with two counts of violation MCL 752.795, which prohibits fraudulent access to computers. On Dec. 27, 2011, the Michigan Court of Appeals in an unpublished opinion in People v. Walker said that there is no spousal immunity.
Tomorrow, the House Judiciary Committee will kick off 2012 with an agenda that includes amendments to MCL 752.795, which would create an exemption for spouses, provided that the spouse’s computer doesn’t belong to a school or business, the couple lives together, the computer and messages weren’t damaged or deleted, and the computer wasn’t accessed by use of force or coercion.
If it passes, the law would be remedial, and applied retroactively.
The committee will take up the bill Jan. 19 at 10:30 a.m.
The Michigan Lawyer 